Belarus December 2002

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Score = 25

Governed by: Law of the Republic of Belarus No. 2034-XII of December 10, 1992 last amended by Law of the Republic of Belarus of December 2002 No. 154-Z. [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 3 extends the law to cover international activities that have an affect in Belarus.
Remedies Fines 1 Article 16(1) allows the commission to impose fines.
Prison Sentences 0
Divestitures 1 Article 10 says that the Competition Authority can order forced reorganizations of companies which can include divesting certain parts.
Private Enforcement 3rd Party Initiation 1 Article 14 allows consumer groups to initiate action by the Commission.
Remedies Available to 3rd Parties 1 Article 16(4) allows injured parties to collect damages.
3rd Party Rights in Proceedings 1 Article 14(2) allows 3rd parties to make their own examinations of decisions made and take action in courts.
Merger Notification Voluntary 0
Mandatory 3 Article 11(3) requires amalgamating companies to file an application with the Competition Authority.
Pre-merger 2
Post-merger 0
Merger Assessment Dominance 1 Article 11(4) allows the commission to consider the strengthening or creation of a dominant position.
Restriction of Competition 1 Article 11(4) allows the commission to consider whether the amalgamation will restrict competition.


Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 5(1) prohibits restricting supply to drive up prices.
Abusive Acts 1 Article 5 prohibits abuses of a dominant position.
Price Setting 1 Article 5(1) prohibits price setting.
Discriminatory Pricing 1 Article 5(1) prohibits the imposition of discriminatory conditions.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 5(1) prohibits the creation of obstacles to market entry.
Efficiency Defense 1 Article 5(2) allows a limited defense when the monopoly is needed for national interests.
Restrictive Trade Practices Price Fixing 1 Article 6(1) prohibits price fixing.
Tying 1 Article 5(1) prohibits tying arrangements.
Market Division 1 Article 6(1) prohibits market division.
Output Restraint 1 Article 6(1) prohibits output restraint.
Market Sharing 1 Article 6(1) prohibits market sharing.
Eliminating Competitors 1 Article 6(1) prohibits agreements that may eliminate competition.
Collusive Tendering/Bid-Rigging 1 Article 6(1) prohibits collusive tendering.
Supply Refusal 1 Article 6(1) prohibits group boycotts.
Efficiency Defense 1

References

  1. The National Center of Legal Information of the Republic of Belarus website, http://law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/4dd2237ccbd3b4e6c2256dc1002932c6?OpenDocument